Barnes v. Carani et al

Filing 24

ORDER granting 23 Motion to Strike 18 22 from the record. These items are STRICKEN from the record. This case will proceed on the allegations in Plaintiff's original complaint. Signed by Magistrate Judge Brian K. Epps on 1/17/17. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
TREVOR BARNES,
Plaintiff,
v.
CAPTAIN BRETT CARANI, et al.,
Defendants.

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CV 116-015

ORDER
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Before the Court is Defendants’ Motion to Dismiss and/or Strike Plaintiff’s Amended
Complaint. (Doc. no. 23.) On December 18, 2016, Plaintiff filed an amended complaint
signed November 22, 2016, seeking to add claims against all Defendants. (Doc. no. 18.)
Because Plaintiff did not seek the Court’s leave to amend and attempted to amend his
complaint piecemeal, the Court ordered Plaintiff to submit within fourteen days a motion to
amend his complaint and an amended complaint with all of the allegations and defendants in
one document. (Doc. no. 20, p. 2-3.) The Court informed Plaintiff “[i]f [he] wishes to
amend his complaint, he MUST file a motion and an amended complaint in accordance with
the following instructions [in the Order].” (Id. at 3.)
Plaintiff did not file a motion to amend, but rather filed another amended complaint
identical to his first. (Doc. no. 22.) Because he did not follow the Court’s instructions and
request leave of the Court and the deadline to add or amend has now expired, his amended
complaint is improper. See Fed. R. Civ. P. 15(a)(2) (“[A] party may amend its pleading only

with the opposing party’s written consent or the court’s leave.”); see also Long v. Satz, 181
F.3d 1275, 1279 (11th Cir. 1999) (“Filing a motion is the proper method to request leave to
amend a complaint.”). Accordingly, the Court GRANTS Defendants’ Motion to Strike
Plaintiff’s Amended Complaint (doc. no. 23) and STRIKES Plaintiff’s Amended
Complaints (doc. nos. 18, 22) from the record. The case will proceed on the allegations in
Plaintiff’s original complaint. (Doc. no. 1.)
SO ORDERED this 17th day of January, 2017, at Augusta, Georgia.

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